TaxTMI 
TaxTMI 
2010 (9) TMI 1069
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.... locality to have a small family. This assertion of the Union of India is disputed by the private respondents. They assert that though they were appointed as `Volunteers', they were made to assist the Auxiliary nurses-cum-midwives in the Health sub-centers at the time of field visit and for miscellaneous works like cleaning, etc. in the sub-centers. 4) Sometime in the year 1993, one such Voluntary Female Attendant - Nandeshwari Bora filed a writ petition CR No. 3847/1993 before the High Court of Gauhati against the State of Assam, on the ground that the work of the Voluntary Female Attendant under the aforesaid scheme and that of the regularly appointed `Ward Girls' by the respondents therein was similar and, therefore, demanded parity in the pay scale as `Ward Girls', which at that time was `900-1435 per month. The single Judge of the High Court allowed the writ petition and directed the State Government to pay the minimum pay-scale in the time-scale of pay i.e. `900/- per month. Unfortunately, the text of this judgment of the learned Single Judge is not before us for our perusal, as the counsel appearing on both sides have stated that though they have made all e....
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....State of Assam. The learned Single Judge of the High Court disposed of the same in light of the decision of the Court in Jalini Brahma's case. 8) After disposal of the writ petition filed by Hazera Khatoon, the Union of India, being aggrieved by the said order and the orders passed in Jalini Brahma's case, filed appeals before the Division Bench of the High Court. In the appeals so filed, the Union of India, strangely, did not implead the State of Assam as a party to those proceedings. 9) In their appeals, the Union of India contended that these Voluntary Female Attendants were not their employees and, therefore, the learned Single Judge ought not to have issued any direction to the Union of India, much less for payment of minimum of pay scale. It was further brought on record that the State of Assam had issued appointment letters to these Female Attendants and there was no mention in those appointment letters that they were appointed under the Centrally Sponsored Scheme. Hence, the Union of India requested the Court to discharge them of the liability of any payment of wages to the private respondents appointed by the State Government by issuing orders/letters of appo....
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....rary to the well settled principle of Natural Justice, namely audi alterem partem. In aid of this submission, the learned senior counsel has placed reliance on the law laid down by this Court in the case of Udit Narain Singh Malpharia Vs. Additional Member, Board of Revenue, Bihar (AIR 1963 SC 786), wherein it was held that in proceedings for a writ of certiorari, it is not only the Tribunal or Authority whose order is sought to be quashed but also the parties in whose favour the said order is issued, are necessary parties and that it is in the discretion of the Court to add or implead proper parties for completely settling all the questions that may be involved in the controversy either suo-moto or on the application of a party to the writ or on application filed at the instance of such proper party. 14) We respectfully agree with the observations made by this Court in Udit Narain's case (supra) and adopt the same. We may add that the law is now well settled that a necessary party is one without whom, no order can be made effectively and a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decis....
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....th, considered all relevant materials in these appeals and perused the judgment and order passed by the Single Benches." 18) Keeping the aforesaid observation in view, Sh. Rawal urged before us that an inference can be drawn from the reference made in the judgment, that the State of Assam was heard through their Government Advocate. Therefore, he submits that it cannot be contended by the State of Assam that they were not heard before passing of the impugned judgment. We are not inclined to accept this argument. 19) State of Assam, while filing these appeals, has enclosed the copies of the memorandum of writ appeals filed by the Union of India before the Division Bench of the High Court. On a perusal of the same, we are of the view that in light of the grounds raised and relief sought, the State of Assam should have been joined as a necessary party. The reason being, firstly, the State of Assam was the first respondent in the writ petition that was filed by the private respondents. Secondly, the main grievance of the Union of India was against the direction issued by the learned Single Judge to pay minimum pay scale to the volunteers, since it is their stand in the writ....
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....d huge recurring financial liability on the State Government. In our opinion, in matters of this nature, even by mistake of the party, the proper parties were not arrayed in the proceedings, it is the duty of the Court to see that the parties are properly impleaded. It is well settled principle consistent with natural justice that if some persons are likely to be affected on account of setting aside a decision enuring to their benefit, the Court should not embark upon the consideration and the correctness of such decision in the absence of such persons. 22) In light of the above findings, we have no other alternative except to set aside the impugned judgment and remand the matter to the Division Bench of the High Court for de-novo hearing. 23) The next issue that needs our attention is: what is to be done to protect the interests of the private respondents who are working as volunteers for the last two decades. Whether they should wait till the writ appeals are decided by the High Court or whether they should be paid some remuneration during the interregnum. If they have to be paid immediately, what is the amount and who should pay? 24) Sh. Vijay Hansaria and Sh. San....